Were you or someone you know the victim of a dog bite?

CALL The Law Offices of Jason A. Waechter for free advice

1-800-708-5433

We associate with Dog Bite Attorneys

We are happy to help anyone who is bitten by a dog. The Michigan law that applies to dog bite victims and dog owners for when a bite occurs by a dog is basically strict liability. This means that the dog owner is liable for all damages the dog causes by biting no matter whether the owner of the dog knew or should have known that the dog was vicious or had a history of biting individuals.

There used to be saying that, “every dog gets one free bite.”  The saying goes to a proposition that is not true in Michigan but may be true in other states where the owner of a dog does not have knowledge that the dog will bite until he does so the first time.

The Michigan dog bite statute is found at Michigan Compiled Laws, Section  287.351. It states as follows:
 

287.351 Person bitten by dog; liability of owner.
Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.
(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.

The law that applies to dog bite victims as stated above indicates that there is one defense that a dog owner will have against a victim and that is one of provocation. This means that if the facts of the attack or bite are such that the dog believes that the victim provoked the dog to bite then that is the defense. Sometimes they will see children who are playing with dogs may arguably do something that the dog will perceive as being hostile or a provocation. Such things as pulling the tail, rough play with the dog, surprising the dog say from approaching the dog from behind all may be argued as a defense of provocation.

Other facts that the defense attorney or insurance adjuster for your Michigan dog bite case will look at when assessing whether there is liability is where the dog bite occurred. If it occurred at the residence or property of the owner of the dog the reason or purpose of the victim being there is relevant as to is liability.  If the Michigan person that received the dog bite was on the premises for a legal purpose under Michigan law-- say delivering a package, reading the gas meter, working on the electrical lines, or a postal worker delivering the mail these individuals are allowed to be on the premises and cannot be considered a trespasser.  They are considered lawfully on the property and would be afforded the strict liability scenario of Michigan's dog bite Law. However, the defense of provocation would still be available to the owner of the dog.

Other individuals lawfully on the property are usually considered invitees or licensees. And invitee is a person who is enters another person's premises or property as the result of an express or implied invitation of the owner or occupant for their mutual gain or benefit. A babysitter would be considered an invitee to a homeowner because the homeowner gains the benefit of the babysitting services while the babysitter gains the benefit of payment for those services.  A licensee is a person that has a license to use someone else's specified property such as a building, Landor house. A licensee is privileged to enter the property by specific consent of the owner or occupant. Whether the individual is considered an invitee or licensee they are afforded the same strict liability law for dog bite cases in Michigan so figuring out exactly which the victim is really is not critical.

If that dog was running at large and often his owner's property then such defenses would not apply.

Finally got even if the person is legally on the property, if the purpose of being on the property is for a criminal or unlawful act then the Michigan strict liability dog bites -- you would not apply to this type of individual.

Practical Considerations

    In our opinion it is important to make a report with Michigan's animal control department of the city or county in which the Michigan dog bite has occurred. Also we advised to take a number of photographs of the bite marks and wounds caused by the dog. We recommend that you take many photographs in different lighting conditions and different distances. We have found that if you take 20 pictures, three or four of them will be good enough to depict the actual injuries.

We recommend that no statement be given to an insurance company or their adjuster or investigator until you have sought legal counsel and have been advised. Medical attention should be immediately provided.

Medical Treatment For Dog Bites

     Staff infection: staff is a group of bacteria which causes many different kinds of diseases. It can cause illness directly or indirectly by infection by way of the toxins they produce.

Group A streptococcal infections:  is another bacterial infection that may cause a varity of problems to your health such as strep throat, impetigo, scarlet fever, and erysipelas.
 
    Lacerations, puncture wounds and scrapes: thorough cleaning is appropriate and import them so that infection does not develop. A tetanus shot may be indicated and needed depending on the severity of the bite. Stitches, sutures, medical stapling or even using medical grade glue to close wounds in place of stitches may be used to close a laceration or wound caused by a dog bite. 

    Rabies: is a kind of infection which is viral and it actually can be fatal. The symptoms for rabies are fever, headache, muscle pain and a more serious symptom could also be seizures. Coma and death may also occur. A rabies vaccine should be provided to a dog bite victim immediately.  

Statue Of Limitations For Michigan Dog Bite Cases 

    Under Michigan law the victim of a dog attack has up to three years to file a lawsuit against the owner of the dog. Though you have three years to file a lawsuit, we do not recommend waiting. You should contact an attorney immediately for advice.  

Statistics For Dog Bites Across United States

    The United States Center for disease control and prevention has estimated that over 4 million dog bites occur each year in the United States. They have attracted that 880,000 dog bite victims have sought medical treatment in the emergency rooms of hospitals across the country. 30,000 of these victims typically have to undergo some sort of reconstructive surgery every year and unbelievably 15 to 20 people actually die from dog bite attacks.